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Sanjoy Munda vs State Of Tripura on 25 June, 2025

[10] Mr. Bhattacharjee contends that from the evidence of PW- 1 it is clear that in front of their house the appellant and the deceased were engaged in quarrel. Now, PW 11 has stated in his examination in chief that in the night of incident he was sleeping with his family member in his dwelling hut, at about 11.00 PM he Page 6 of 22 heard cry of a women from a nearby place of his house and he called Manglu Karmakar (PW-15) who is his relative to see the matter and allegedly found the women lying in the Varanda of shop of Sailen Lohar and allegedly found the appellant cleaning blood from a knife with a cloth. PW-15 also in similar tune stated the said fact but, he deposed before the trial Court that the male person i.e. the accused was found to have been cleaning blood from a dao with a cloth. He submits that „knife‟ and „dao‟ are two different things having different shape and size and thus, there was a clear contradiction between the said two depositions. It is also contended that PW-1 or PW-4 never stated that they ever heard crying of a woman in front of her house. According to Mr. Bhattacharjee, learned Legal Aid Counsel for the appellant, the learned Trial Court has failed to appreciate the evidence on record in its proper perspective and also has failed to appreciate that the prosecution could not prove the chain of circumstances in the present case. He further submits that the learned trial Court has failed to appreciate that while the appellant was examined under section 313 of Cr.P.C. to the question no. 92, he has specifically denied that deceased was his wife, but, the learned Trial Court did not discuss the said fact. Learned Legal Aid Counsel for the appellant, therefore, urges this Court to set aside the impugned order dated 11.08.2023 Page 7 of 22 passed by the learned Court below and to support his contention, he has placed reliance on the judgment of the Hon‟ble Apex Court passed in Karakkattu Muhammed Basheer Vs. State of Kerala reported in 2024 STPL 11721 SC.
Tripura High Court Cites 11 - Cited by 0 - T A Goud - Full Document
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